THE KERALA CIVIL COURTS ACT, 1957

No. 1 of 1957

12-1-1957

Enacted by the President in the Seventh Year of the Republic of India. An Act to consolidate and amend the law relating to civil courts in the State of Kerala, subordinate to the High Court of Kerala. In exercise of the powers conferred by section 3 of the Kerala State Legislature (Delegation of Powers) Act, 1956 (75 of 1956), the President is pleased to enact as follows:—

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S.1 Short title, extent and commencement

(1) This Act may be called the Kerala Civil Courts Act, 1957.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

S.2 Classes of subordinate civil courts

In addition to the courts established under any other law for the time being in force, there shall be the following classes of civil courts in the State, namely:—

• (1) the court of a District Judge (hereinafter referred to as the District Court);
• (ii) the court of a Subordinate Judge (hereinafter referred to as the Subordinate Judge's Court);
• (iii) the court of a Munsiff (hereinafter referred to as the Musiff's Court)

S.3 Establishment of District Court

(1) For the purposes of this Act, the Government may, by notification in the Gazette, divide the State into civil districts (hereinafter referred to as districts) and alter the limits or the number of such districts.

(2) The Government shall establish a District Court for each district and a Judge (hereinafter called the District Judge) shall be appointed to such court.

S.4 Appointment of Additional District Judges

(1) When the state of business pending before a District Court so requires, one or more Additional District Judges may be appointed to that court for such period as is deemed necessary.

(2) An Additional District Judge shall discharge all or any of the functions of the District Judge under this Act in respect of all matters which the District Judge may assign to him, or which under the provisions of section 7 may be instituted before him, and in the discharge of those functions he shall exercise the same powers as the District Judge.

S.5 Establishment of Subordinate Judge's Courts and Munsiff's Courts

(1) The Government may, in consultation with the High Court, establish in each district such number of Subordinate Judge's Courts and Munsiff's Courts as they deem necessary.

(2) The Government may, in consultation with the High Court, fix, and from time to time vary, by notification in the Gazette, the number of Subordinate Judges to be appointed for a Subordinate Judge's Court or the number of Munsiffs to be appointed for a Munsiff's Court.

S.6 Principal and Additional Subordinate Judge and Munsiff

(1) When more than one Subordinate Judge is appointed to a Subordinate Judge's Court, or more than one Munsiff is appointed to a Munsiff's Court, one of the Subordinate Judges or Munsiffs shall be appointed the Principal Subordinate Judge or the Principal Munsiff and the others Additional Subordinate Judges or Additional Munsiffs, as the case may be.

(2) Each of the Judges or Munsiffs appointed to a Subordinate Judge's Court or a Munsiff's Court may exercise all or any of the powers conferred on the court by this Act or any other law for the time being in force.

(3) Subject to the general or special orders of the District Judge, the Principal Subordinate Judge or the Principal Munsiff may from time to time make such arrangements as he thinks fit for the distribution of the business of the court among the various Judges or Munsiffs thereof.

S.7 Court's location

(1) The place or places at which any court referred to in section 2 shall be held, may be fixed, and may from time to time be altered, by

• (a) the Government in the case of a District Court or a Subordinate Judge's Court, and
• (b) the High Court in the case of a Munsiff's Court.

(2) The High Court may, with the approval of the Government, direct by notification in the Gazette that all or any class of proceedings arising in a specified local area in a district which would ordinarily be instituted in the District Court, may be instituted before an Additional District Judge of that court sitting in a place other than the place where the District Judge sits.

S.8 Seal of court

Every court under this Act shall use a seal of such form and dimensions as are for the time being prescribed by the Government.

S.9 Local limits of jurisdiction of Subordinate Judge's Courts

The Government shall fix, and may from time to time vary, the local limits of the jurisdiction of any Subordinate Judge's Court in consultation with the High Court.

S.10 Local limits of jurisdiction of Munsiff's Courts

The High Court shall fix, and may from time to time vary, the local limits of the jurisdiction of any Munsiff's Court.

S.11 Jurisdiction of District Court and Subordinate Judge's Court in original suits

(1) The jurisdiction of a District Court or a Subordinate Judge's Court extends, subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), to all original suits and proceeding of a civil nature.

(2) The jurisdiction of a Munsiff's Court extends to all like suits and proceedings not otherwise exempted from its cognisance of which the amount or value of the subject-matter does not exceed five thousand rupees.

S.12 Appeals from decrees and orders of District Court or Subordinate Judge's Court

Save as provided in section 13, regular and special appeals shall, when such appeals are allowed by law, lie from the decrees or orders of a District Court or a Subordinate Judge's Court to the High Court.

S.13 Appellate jurisdiction of District Court and Subordinate Judge's Court

Appeals from the decrees and orders of a Munsiff's Court and where the amount or value of the subject-matter of the suit does not exceed seven thousand and five hundred rupees, from the original decrees and orders of a Subordinate Judge's Court shall, when such appeals are allowed by law, lie to the District Court :

Provided that whenever a Subordinate Judge's Court is established in any district at a place other than the place where the District Court is stationed, the High Court may, with the approval of the Government, direct that appeals from the decrees or orders of Munsiff's Courts within the local limits of the jurisdiction of such Subordinate Judge's Court be preferred in such Subordinate Judge's Court :

Provided further that the District Court may remove to itself from time to time appeals so preferred and dispose of them itself or may, subject to the orders of the High Court, refer any appeals from the decrees and orders of Munsiff's Courts preferred in the

S.14 Power to require witness or party to make oath or affirmation

Every court under this Act may require a witness or party to any suit or other proceeding pending in such court to make such oath or affirmation as is prescribed by the law for the time being in force.

S.15 Judges not to try suits in which they are interested; nor to try appeals from decrees passed by them in other capacities

(1) No District Judge, Subordinate Judge or Munsiff shall try any suit, proceeding or other case to which he is a party or in which he is personally interested.

(2) No District Judge or Subordinate Judge shall hear any appeal against a decree or order passed by himself.

(3) When any such